Created by Fuzzy Cloud

Patna High Court

Dipak KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that, given the seriousness of the alleged child sexual abuse and the victim’s statement, bail could not be granted.

Summary

The petitioner, Dipak Kumar, applied for regular bail in a case registered under section 64 of the Bharatiya Nyaya Sanhita, 2023 and sections 4 and 6 of the POCSO Act, 2012, alleging that he forcibly had sexual relations with the nine‑year‑old daughter of the informant. The prosecution’s case is based on the informant’s allegation and the victim’s statement recorded under section 183 of the B.N.S.S., with no independent witnesses and a medical report that does not corroborate the charges. The petitioner contended that he was falsely implicated, pointing to contradictions in the statements and the lack of medical evidence, and offered to cooperate with the trial. The State opposed the bail, emphasizing the seriousness of the alleged offences and the victim’s recorded statement. After hearing both sides, the Court held that the gravity of the allegations and the victim’s statement warranted denial of bail, and consequently rejected the bail application.

Issues considered

  • Whether bail should be granted in a case involving alleged offences under sections 4 and 6 of the POCSO Act and section 64 of the Bharatiya Nyaya Sanhita.
  • Whether contradictions in the victim’s statement and the absence of medical evidence justify the grant of bail.
  • Whether the victim’s statement recorded under section 183 of the B.N.S.S. is sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • child sexual abuse
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • victim statement
  • medical evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86205 of 2025
                      Arising Out of PS. Case No.-275 Year-2025 Thana- SANGRAMPUR District- East
                                                        Champaran
                 ======================================================
                 Dipak Kumar S/O Akhilesh Mahto Resident of Village- Bariyariya, P.S-
                 Sangrampur, Distt.- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XYZ W/O Jitendra Mahto R/O Village- Jalaha, P.S- Sangrampur, Distt.- E.
                 Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shanti Bhushan Singh, Advocate
                 For the State           :        Mr. Abhay Kumar Roy, APP
                 For the Informant       :        Mr. Pramod Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   06-05-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Sangrampur P.S. Case

                   no. 275 of 2025 registered under section 64 of the Bharatiya

                   Nyaya Sanhita, 2023 and sections 4 and 6 of the POCSO Act,

                   2012.

                                 3. As per the prosecution case, the informant states

                   that the petitioner forcibly established physical relations with

                   her nine year old minor daughter.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. There are

                   contradictions in her statement recorded under section 183 of the
           Patna High Court CR. MISC. No.86205 of 2025(4) dt.06-05-2026
                                                       2/2




                     B.N.S.S. as also the statement recorded by the Investigating Officer.

                     No independent witness has supported the prosecution case. The

                     medical report does nor support the allegations against the petitioner.

                     The petitioner is in custody since 12.7.2025 and undertakes to

                     cooperate in the trial.

                                  5. The application for bail is opposed by learned APP

                     for the State and learned counsel for the informant.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations in the FIR wherein the

                     petitioner is said to have forcibly established physical relations

                     with the nine year old minor daughter of the informant together

                     with the allegations having been supported in the statement of

                     the victim recorded under section 183 of the B.N.S.S., the Court

                     is not inclined to enlarge the petitioner on bail and the application is

                     rejected.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.